| Case ID |
e0af61af-40f7-4d1a-9a10-a976f6d3bd42 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 505 |
| Decision Date |
Apr 23, 1979 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for special leave to appeal, affirming that the Colonization Officers acted beyond their powers by not adhering to the statements and conditions set forth in the Ejected Tenants Scheme. The Court emphasized that the civil court has jurisdiction to strike down orders made by the Colonization Officers if they fail to follow the law. The judgment restored the rights of the original tenants, stating that they were eligible for proprietary rights under the scheme as they were still in possession of the land at the time the policy was issued. |
| Summary |
In the case of Abdul Rab etc. vs. Wali Muhammad etc., the Supreme Court of Pakistan examined the application of the Colonization of Government Lands (Punjab) Act (V of 1912) in relation to the rights of ejected tenants. The central issue revolved around the interpretation of the Ejected Tenants Scheme issued on March 28, 1963, and whether the Colonization Officers had the authority to allot land contrary to the provisions of this scheme. The Court concluded that the Colonization Officers must adhere to the established laws and cannot make arbitrary decisions that violate the rights of tenants. This case underscores the importance of legal frameworks in land allocation and the protection of tenant rights, highlighting the necessity for governmental bodies to operate within their legal boundaries. The decision reaffirms the jurisdiction of civil courts to intervene when administrative actions exceed lawful authority, ensuring that the rights of individuals are safeguarded against unauthorized governmental actions. Keywords such as 'land rights', 'ejected tenants', 'Colonization Act', and 'Supreme Court decisions' are crucial for understanding the implications of this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of West Pakistan,
Muhammad Ilyas
|
| Judges |
MUHAMMAD AKRAM,
KARAM ELAHEE CHAUHAN
|
| Lawyers |
Wasim Sajjad, Advocate Supreme Court,
Mahmood A. Qureshi, Advocate on-Record,
Muhammad Yaqub Sindhu, Advocate Supreme Court,
Iqbal Ahmad Qureshi, Advocate on-Record No. 1
|
| Petitioners |
ABDUL RAB ETC.
|
| Respondents |
WALI MUHAMMAD ETC.
|
| Citations |
1980 SLD 184,
1980 SCMR 139
|
| Other Citations |
Thakur and another v. Bengal Duars Bank Ltd. A I R 1948 P C 33,
Karim Dad v. Arif Ali and another P L D 1978 Lab. 679,
Jiwana v. Mst. Sahbi P L D 1954 Lab. 253
|
| Laws Involved |
Colonization of Government Lands (Punjab) Act (V of 1912)
|
| Sections |
S. 102,
S. 10
|